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| Reporting of
prohibition
orders
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89. Every court, judge or justice that makes,
varies or revokes a prohibition order shall
have a chief firearms officer informed without
delay of the prohibition order or its variation
or revocation.
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| Right of
access
|
90. The Registrar has a right of access to
records kept by a chief firearms officer under
section 87 and a chief firearms officer has a
right of access to records kept by the Registrar
under section 83 or 85 and to records kept by
other chief firearms officers under section 87.
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| Electronic
filing
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91. (1) Subject to the regulations, notices
and documents that are sent to or issued by the
Registrar pursuant to this or any other Act of
Parliament may be sent or issued in electronic
or other form in any manner specified by the
Registrar.
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| Time of
receipt
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(2) For the purposes of this Act and Part III
of the Criminal Code, a notice or document
that is sent or issued in accordance with
subsection (1) is deemed to have been
received at the time and date provided by the
regulations.
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| Records of
Registrar
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92. (1) Records required by section 83 or 85
to be kept by the Registrar may
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(a) be in bound or loose-leaf form or in
photographic film form; or
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(b) be entered or recorded by any system of
mechanical or electronic data processing or
by any other information storage device
that is capable of reproducing any required
information in intelligible written or
printed form within a reasonable time.
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| Storage of
documents or
information in
electronic or
other form
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(2) Subject to the regulations, a document
or information received by the Registrar under
this Act in electronic or other form may be
entered or recorded by any information
storage device, including any system of
mechanical or electronic data processing, that
is capable of reproducing stored documents or
information in intelligible written or printed
form within a reasonable time.
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| Probative
value
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(3) Where the Registrar maintains a record
of a document otherwise than in written or
printed form, an extract from that record that
is certified by the Registrar has the same
probative value as the document would have
had if it had been proved in the ordinary way.
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| Report to
Solicitor
General
|
93. (1) The Registrar shall, as soon as
possible after the end of each calendar year
and at such other times as the Solicitor
General of Canada may, in writing, request,
submit to the Solicitor General a report, in
such form and including such information as
the Solicitor General may direct, with regard
to the administration of this Act.
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| Laid before
Parliament
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(2) The Solicitor General of Canada shall
have each report laid before each House of
Parliament on any of the first fifteen days on
which that House is sitting after the Solicitor
General receives it.
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| Information to
be submitted
to Registrar
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94. A chief firearms officer shall submit the
prescribed information with regard to the
administration of this Act at the prescribed
time and in the prescribed form for the purpose
of enabling the Registrar to compile the
reports referred to in section 93.
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| Agreements
with
provinces
|
95. The federal Minister may, with the
approval of the Governor in Council, enter
into agreements with the governments of the
provinces
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(a) providing for payment of compensation
by Canada to the provinces in respect of
administrative costs actually incurred by
the provinces in relation to processing
licences, registration certificates and
authorizations and applications for
licences, registration certificates and
authorizations and the operation of the
Canadian Firearms Registration System;
and
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(b) notwithstanding subsections 17(1) and
(4) of the Financial Administration Act,
authorizing the governments of the
provinces to withhold those costs, in
accordance with the terms and conditions of
the agreement, from fees under paragraph
117(p) collected or received by the
governments of the provinces.
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| Other
obligations
not affected
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96. The issuance of a licence, registration
certificate or authorization under this Act does
not affect the obligation of any person to
comply with any other Act of Parliament or
any regulation made under an Act of
Parliament respecting firearms or other
weapons.
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| Exemptions
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97. (1) Subject to subsection (2), a
provincial minister may exempt from the
application in that province of any provision
of this Act or the regulations or Part III of the
Criminal Code, for any period not exceeding
one year, the employees, in respect of any
thing done by them in the course of or for the
purpose of their duties or employment, of any
business that holds a licence authorizing the
business to acquire prohibited firearms,
prohibited weapons, prohibited devices or
prohibited ammunition.
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| Public safety
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(2) Subsection (1) does not apply where it is
not desirable, in the interests of the safety of
any person, that the employees of the business
be so exempted.
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| Conditions
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(3) A provincial minister may attach to an
exemption any reasonable condition that the
provincial minister considers desirable in the
particular circumstances and in the interests of
the safety of any person.
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| Authorized
chief firearms
officer may
perform
functions of
provincial
minister
|
98. A chief firearms officer of a province
who is authorized in writing by a provincial
minister may perform the function of the
provincial minister of designating firearms
officers for the province.
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| Designated
officers may
perform
functions of
chief firearms
officers
|
99. (1) Subject to subsections (2) and (3), a
firearms officer who is designated in writing
by a chief firearms officer may perform such
duties and functions of the chief firearms
officer under this Act or Part III of the
Criminal Code as are specified in the
designation.
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| Exception
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(2) A licence that is issued to a business
authorizing the business to acquire prohibited
firearms, prohibited weapons, prohibited
devices or prohibited ammunition must be
issued by a chief firearms officer personally.
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| Exception
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(3) An authorization to carry must be issued
by a chief firearms officer personally.
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| Designated
officers may
perform
functions of
Registrar
|
100. A person who is designated in writing
by the Registrar for the purpose of this section
may perform such duties and functions of the
Registrar under this Act or Part III of the
Criminal Code as are specified in the
designation.
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| Definition of
``inspector''
|
101. In sections 102 to 105, ``inspector''
means a firearms officer and includes, in
respect of a province, a member of a class of
individuals designated by the provincial
minister.
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| Inspection
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102. (1) Subject to section 104, for the
purpose of ensuring compliance with this Act
and the regulations, an inspector may at any
reasonable time enter and inspect any place
where the inspector believes on reasonable
grounds a business is being carried on or there
is a record of a business, any place in which the
inspector believes on reasonable grounds
there is a gun collection or a record in relation
to a gun collection or any place in which the
inspector believes on reasonable grounds
there is a prohibited firearm or there are more
than 10 firearms and may
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(a) open any container that the inspector
believes on reasonable grounds contains a
firearm or other thing in respect of which
this Act or the regulations apply;
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(b) examine any firearm and examine any
other thing that the inspector finds and take
samples of it;
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(c) conduct any tests or analyses or take any
measurements; and
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(d) require any person to produce for
examination or copying any records, books
of account or other documents that the
inspector believes on reasonable grounds
contain information that is relevant to the
enforcement of this Act or the regulations.
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| Operation of
data
processing
systems and
copying
equipment
|
(2) In carrying out an inspection of a place
under subsection (1), an inspector may
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(a) use or cause to be used any data
processing system at the place to examine
any data contained in or available to the
system;
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(b) reproduce any record or cause it to be
reproduced from the data in the form of a
print-out or other intelligible output and
remove the print-out or other output for
examination or copying; and
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(c) use or cause to be used any copying
equipment at the place to make copies of
any record, book of account or other
document.
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| Use of force
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(3) In carrying out an inspection of a place
under subsection (1), an inspector may not use
force.
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| Receipt for
things taken
|
(4) An inspector who takes any thing while
carrying out an inspection of a place under
subsection (1) must give to the owner or
occupant of the place at the time that the thing
is taken a receipt for the thing that describes
the thing with reasonable precision, including,
in the case of a firearm, the serial number if
available of the firearm.
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| Definition of
``business''
|
(5) For greater certainty, in this section,
``business'' has the meaning assigned by
subsection 2(1).
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| Duty to assist
inspectors
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103. The owner or person in charge of a
place that is inspected by an inspector under
section 102 and every person found in the
place shall
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(a) give the inspector all reasonable
assistance to enable him or her to carry out
the inspection and exercise any power
conferred by section 102; and
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(b) provide the inspector with any
information relevant to the enforcement of
this Act or the regulations that he or she may
reasonably require.
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| Inspection of
dwelling-hous
e
|
104. (1) An inspector may not enter a
dwelling-house under section 102 except
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(a) on reasonable notice to the owner or
occupant, except where a business is being
carried on in the dwelling-house; and
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(b) with the consent of the occupant or
under a warrant.
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| Authority to
issue warrant
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(2) A justice who on ex parte application is
satisfied by information on oath
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(a) that the conditions for entry described in
section 102 exist in relation to a
dwelling-house,
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(b) that entry to the dwelling-house is
necessary for any purpose relating to the
enforcement of this Act or the regulations,
and
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(c) that entry to the dwelling-house has been
refused or that there are reasonable grounds
for believing that entry will be refused
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may issue a warrant authorizing the inspector
named in it to enter that dwelling-house
subject to any conditions that may be specified
in the warrant.
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| Areas that
may be
inspected
|
(3) For greater certainty, an inspector who
is carrying out an inspection of a
dwelling-house may enter and inspect only
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(a) that part of a room of the dwelling-house
in which the inspector believes on
reasonable grounds there is a firearm,
prohibited weapon, restricted weapon,
prohibited device, prohibited ammunition,
a record in relation to a gun collection or all
or part of a device or other thing required by
a regulation made under paragraph 117(h)
respecting the storage of firearms and
restricted weapons; and
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(b) in addition, in the case of a
dwelling-house where the inspector
believes on reasonable grounds a business
is being carried on, that part of a room in
which the inspector believes on reasonable
grounds there is ammunition or a record of
the business.
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| Demand to
produce
firearm
|
105. An inspector who believes on
reasonable grounds that a person possesses a
firearm may, by demand made to that person,
require that person, within a reasonable time
after the demand is made, to produce the
firearm in the manner specified by the
inspector for the purpose of verifying the
serial number or other identifying features of
the firearm and of ensuring that the person is
the holder of the registration certificate for the
firearm.
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| False
statements to
procure
licences, etc.
|
106. (1) Every person commits an offence
who, for the purpose of procuring a licence,
registration certificate or authorization for
that person or any other person, knowingly
makes a statement orally or in writing that is
false or misleading or knowingly fails to
disclose any information that is relevant to the
application for the licence, registration
certificate or authorization.
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| False
statements to
procure
customs
confirmations
|
(2) Every person commits an offence who,
for the purpose of procuring the confirmation
by a customs officer of a document under this
Act for that person or any other person,
knowingly makes a statement orally or in
writing that is false or misleading or
knowingly fails to disclose any information
that is relevant to the document.
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| Definition of
``statement''
|
(3) In this section, ``statement'' means an
assertion of fact, opinion, belief or
knowledge, whether material or not and
whether admissible or not.
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| Tampering
with licences,
etc.
|
107. Every person commits an offence who,
without lawful excuse the proof of which lies
on the person, alters, defaces or falsifies
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(a) a licence, registration certificate or
authorization; or
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(b) a confirmation by a customs officer of a
document under this Act.
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| Unauthorized
possession of
ammunition
|
108. Every business commits an offence
that possesses ammunition, unless the
business holds a licence under which it may
possess ammunition.
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| Punishment
|
109. Every person who commits an offence
under section 106, 107 or 108, who
contravenes subsection 29(1) or who
contravenes a regulation made under
paragraph 117(d), (e), (f), (g), (i), (j), (l), (m)
or (n) the contravention of which has been
made an offence under paragraph 117(o)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Contravention
of conditions
of licences,
etc.
|
110. Every person commits an offence who,
without lawful excuse, contravenes a
condition of a licence, registration certificate
or authorization held by the person.
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| Punishment
|
111. Every person who commits an offence
under section 110 or who does not comply
with section 103
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding two years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Failure to
register
certain
firearms
|
112. (1) Subject to subsections (2) and (3),
every person commits an offence who, not
having previously committed an offence
under this subsection or subsection 91(1) or
92(1) of the Criminal Code, possesses a
firearm that is neither a prohibited firearm nor
a restricted firearm without being the holder of
a registration certificate for the firearm.
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| Exceptions
|
(2) Subsection (1) does not apply to
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(a) a person who possesses a firearm while
the person is under the direct and immediate
supervision of a person who may lawfully
possess it, for the purpose of using it in a
manner in which the supervising person
may lawfully use it;
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(b) a person who comes into possession of
a firearm by operation of law and who,
within a reasonable period after acquiring
possession of it, lawfully disposes of it or
obtains a registration certificate for it; or
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(c) a person who possesses a firearm and
who is not the holder of a registration
certificate for the firearm if the person
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(i) has borrowed the firearm,
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(ii) is the holder of a licence under which
the person may possess it, and
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(iii) is in possession of the firearm to hunt
or trap in order to sustain himself or
herself or his or her family.
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